Thursday, August 7, 2014

Haaretz (Hebrew edition, but not the English edition) today publishes a report indicating that the Attorney General office instructed Israel Police to investigate negative publications against judges on the internet.

On such Voltaire said: If you wish to find out who is the true dictator, check whom you are not permitted to criticize!

Corruption of the judges in Israel has reached unprecedented levels over the past decade, in parallel to the dramatic rise in poverty, and radical distribution of income and assets in Israel. The evidence shows that the courts are central to the robbery of the people.

===2014-08-07 US: Lawless since the voiding of the Constitution by Obama===The notion that the US Constitution is void is shared not only by the public in the US across the political spectrum, but also by law enforcement!

ISRAEL: The killing of Lieutenant Hadar Goldin and the "Hannibal protocol"

To avoid the need to negotiate the release of captives with the Palestinians, IDF issued directives, ordering the use any force necessary to prevent the capture of its soldiers, even if it leads to the death of its own soldiers...

OccupyTLV, August 4 - regarding the killing of Lieutenant Hadar Goldin and the 'Hannibal protocol', Haaretz daily published this morning the article, linked below. [1] The article should be deemed vague and ambiguous...

In comparison, one could read the Wikipedia item "Hannibal Directive", which should be considered edited by IDF, the i24News report, and Richard Silverstein on the same subject. [2-4]Of particular interest is Silverstein's claim that reporting on this subject was the reason for the IDF attempt to censor a NYT reporter in Israel last week. [4] The incident was reported, but without details, regarding the subject of the censorship.There is no doubt that the issue of 'Hannibal protocol' is a sensitive issue in Israel today. However, it is difficult to figure out what are the rules of conduct that the Israeli governmet is trying to enforce in this matter. It appears that it is permitted to talk about the subject, including on radio and TV, but it should not be detailed in writing in Israel, unless in English...

Sounds confusing...One thing is clear: With the passage of time, it is going to be one of the main issues that would be permanently linked to the current catastrophic round of violence in Gaza.

UPDATE: August 5, 2014

The Israeli daily Haaretz editorial today, linked below, is still circumspect. Enough details were released, to make a reasonable person conclude that IDF knew that Lieutenant Hadar Goldin was dead already on Friday, in the the immediate aftermath of the incident.

Haaretz Hebrew edition (but not the English one) today carries an opinion piece, calling for the immediate revoking of the Hannibal procedure. Other news reports in recent days record the acceptance of the procedure by the family of the late Lieutenant Hadar Goldin, and by Lieutenant Eitan, the two main figures in the most recent application of the procedure. Both appear to be part of what is generally described as the "religious-national" sector in Israeli politics, and the procedure stands in clear violation of Halachah - Jewish religious law.

In a report in "Israely Hayom" (Sheldon Adelson's propaganda organ for Bibi), IDF's ethics philosopher Asa Kasher finds "IDF complied with all ethics requirements" in Gaza. That, before the facts in the matter are even fully exposed. [1]However, Kasher, who grew in an orthodox family, and who often writes on Jewish matters, fails to address the ethics of the "Hannibal procedure".

The Director of the Debstors' Court claimed in response to petition, which challenged the current fraudulent IT system, that a new system, currenlty under "hot pilot", would solve the current blatant fraud on the debtors. Based on such statements, the Supreme Court decided to "delete" the Petitions. However, Counsel for the Petitioners showed that the new system was fatally flawed - even in interest calculations - and raised the issue of failure to comply with State Directives, relative to the specification and validation in the development and implementation of such systems. The records of the Petition to the Israeli Supreme Court in this case provided key evidence of the rampant fraud in the IT system of the Supreme Court itself as well. And in a 2010 report, the State Ombudsman himself stated that the systems of the Israeli courts (including the Supreme Court) had been developed and implemented out of compliance with the same Directives - with no specifications and with no validation... The Human Rights Alert (NGO) submission to the UN Human Rights Council on this mater, was adopted by the UN Periodic Review report on Israel (2013) with the note, "lack of integrity in the electronic record systems of the Supreme Court.. in Israel". Now, one must await another masterpiece of jurisprudence by Presiding Justice Asher Grunis, relative to the development of a new fraudulent IT systems in the Debtors' Courts, out of compliance with State Directives...

[pics]

Moti Ashkenazi, commander of the Budapest bunker on the Suez canal during the 1973 war, and Presiding Justice Asher Grunis._____OccupyTLV, August 7 - mounting evidence indicates that large-scale fraud is perpetrated on the debtors in the Debtors' Courts in Israel through collusion of banks, large corporations, attorneys and magistrates. In 2012 there were 2.8 open cases open in these courts, and the fraud is estimated at several billions NIS per year!

The petition Moti Ashkenazi+76 others v Minister of Justice and Director of the Debtors' Courts (2300/11) originates in an arbitrary and capricious decision of the Debtors' Courts to stop the service on the debtors (almost all of them unrepresented individuals) of decisions, longer than 17 lines. The debt-holders (almost all banks and large corporations, which are represented by attorneys) continue to receive immediate service of the decisions by electronic mail.

The conduct of legal process, where decisions are served on one side only, would be deemed a serious violation of the Human Right for Fair Hearing, pursuant to the Universal Declaration of Human Rights.

In such petition, the Supreme Court conducted for over three years "preliminary proceedings", which have no basis in the law of the State of Israel. Inspection of the records in this case also documents perversions that would be deemed conduct of simulated litigation and the issuance of simulated court records (fraud).

=The Petition was "deleted" after more than 3 years with no valid legal reason and contrary to common sense=

The Respondents in the partition - Minster of Justice and Director of the Debtors' Courts - never denied the facts in this matter. First, they claimed that the failure to serve the debtors resulted from computer problems (but the computer systems of the Debtors' Courts was not changed during this period). Later they claimed that the issue originated in problems with paper envelope size... (but no such problem existed in prior years). Additionally, every half year or a year, State Counsel claimed in court that there was progress in addressing the issue.

In short: The response by the State authorities would be deemed by any external observer lacking in common sense.

One June 3, 2014, after more than 3 years, the Supreme Court issued a "judgment":"The updated notices by Respondents, dated June 2, 2014, and April 10, 2014 show that progress has been made in the implementation of a new IT system, which is now operated under "pilot" in the Debtors' Court in the town of Kfar Saba... We believe that with arrangement of the module that permits the mailing of decisions, longer than 17 lines, by all Debtors' Courts, the remedy sought by the Petition was provided, and the Petition was rendered superfluous... Therefore, we order the deletion of the Petition."

One should notice that unusual language of the "Judgment":- It fails to refer to "service", only "mailing".- It fails to state that the Court found the remedy worthy, only "believes" so.- It did not "deny" the Petition, but ordered it "deleted".

=After inspection of the new "hot pilot" system, counsel for the petitioner asked to void the judgment, based on false representations by the State Respondents=

On July 17, 2014, Counsel for the Petitioners asked the Supreme Court to void its June 3, 2014 Judgment. The request notes that examination of the new IT system, under "hot pilot", showed that the system did not address the issue of failure to serve decisions on Debtors, and the system made false interest calculations. Therefore,Counsel for the Petitioners claimed that the Judgment in this case was based on false representations by State Counsel for the State Respondent.

As part of the Petitioners' request for voiding the judgment in the petition, counsel noted in his July 21, 2014 filing:"On October 28, 1991 the Israeli government adapted an IT Development Protocol (Decision 103/eco), and consequently, the protocol was made part of Directives of the General Accounting Office of the Ministry of Treasury. The Protocol defines procedures for development of IT systems (from initiation, through specification, construction, examination and implementation). There is no doubt that had the Respondents complied with the Protocol, the flaws, detailed in their letter to me, could never come to exist."

In a parallel, in the July 21, 2014 letter to the Director of the Debtors' Courts, Counsel for the petitioner asks:a. Who signed on behalf of the State on the Specifications of the new IT system?b. Was development conducted under core management by a State employee, and who was that employee?c. Was the system subjected to validation, and who signed off on the validation?

=Inspection of the Supreme Court records in this case indicates conduct of simulated litigation - fraud=

In this petition, three justices of the Supreme Court, headed by Presiding Justice Asher Grunis conducted for over three years "Preliminary Proceedings", which have no basis in the law of the State of Israel.

Moreover, inspection of the records revealed perversions, which would be deemed conduct of simulated litigation and issuance of simulated court records - fraud.

Both the law of the State of Israel and the law of other nations, where the courts originate in the English common law, hold civil litigation that commenced with no summonses, invalid and ineffectual litigation. Pursuant to the Regulations of the High Court of Justice (of the Supreme Court), "Conditional Decree", issued by the Chief Clerk of the Court is the summons in petitions to the Supreme Court.

However, in the petition of Moti Ashkenazi no "Conditional Decree" was ever issued. Instead, the IT system docket shows "Notices to Appear in Court", which have no foundation in the Regulations of the Supreme Court (High Court of Justice). Moreover, upon inspection, no such "Notices to Appear in Court" were discovered. Staff of the Office of the Clerk claimed that the "Notices to Appear in Court" are self-eliminating electronic record. Such records disappear from the Supreme Court's IT system after the due date of the appearance...

=The findings in the Ashkenazi Petition are not unusual - fraud in the Supreme Court is a routine since 2002=

The findings in the Ashkenazi Petition are not unusual at all. The Human Rights Alert (NGO) submission to the UN Human Rights Council documented perversions and/or forgery of numerous records in the electronic records systems of the Supreme Court, which started in 2002, under the tenure of Presiding Justice Aharon Barak. Since then, the Israeli courts have experienced unprecedented corruption.

The Human Rights Alert submission was incorporated into the Human Rights Council Periodic Report on Israel (2013) with the note: "Lack of integrity in the electronic record systems of the Supreme Court... in Israel".

=Summary=

Effectively, in handling this petition, the Supreme Court has so far provided its patronage to the corruption of the Debtors' Courts. Now, that the Supreme Court would have to directly address the issue of fraud in development and implementation of IT systems, one must expect a unique masterpiece of jurisprudence from Chief Justice Asher Grunis...

The large-scale fraud in the Debtors' Courts is a unique example of corruption caused by capital-government collusion. And the records of the Supreme Court in this petition provide a unique example of the fraud perpetrated in the Supreme Court, through the employment of invalid IT systems.

Corruption of judges, magistrates, and attorneys is a central cause of the unprecedented

growth in poverty in Israel over the past decade. Today Israel holds the distinction of the highest level of poverty among OECD (developed) nations.

There is no way to fight the corruption of government in Israel without addressing corruption of the courts first!

[1] 2014-06-03 Ashkenazi+76 other v Minister of Justice et al in the High Court of Justice (2300/11) - 2nd "Judgment" - denying the petition, given "progress" and "pilot" of modul, which is expected to address the service of decisions longer than 17 lines...

[6] 2014-06-27 Ashkenazi+76 other v Minister of Justice et al in the High Court of Justice (2300/11) – Decision by Presiding Justice Asher Grunis, refusing to issue decisions on a) Request for certification of decision "True Copy of the Original", b) Inspection of "Notices to Appear in Court". //

[10] 13-01-01 The Human Rights Alert (NGO) submission, as incorporated into the UN Human RItghts Council UPR reprort with the note "Lack of integrity in the electronic records of the Supreme Court, the district courts and the detainees courts in Israel" (page 4, paragraph 25)

To avoid the need to negotiate the release of captives with the Palestinians, IDF issued directives, ordering the use any force necessary to prevent the capture of its soldiers, even if it leads to the death of its own soldiers...

OccupyTLV, August 4 - regarding the killing of Lieutenant Hadar Goldin and the 'Hannibal protocol', Haaretz daily published this morning the article, linked below. [1] The article should be deemed vague and ambiguous...

In comparison, one could read the Wikipedia item "Hannibal Directive", which should be considered edited by IDF, the i24News report, and Richard Silverstein on the same subject. [2-4]Of particular interest is Silverstein's claim that reporting on this subject was the reason for the IDF attempt to censor a NYT reporter in Israel last week. [4] The incident was reported, but without details, regarding the subject of the censorship.There is no doubt that the issue of 'Hannibal protocol' is a sensitive issue in Israel today. However, it is difficult to figure out what are the rules of conduct that the Israeli governmet is trying to enforce in this matter. It appears that it is permitted to talk about the subject, including on radio and TV, but it should not be detailed in writing in Israel, unless in English...

Sounds confusing...One thing is clear: With the passage of time, it is going to be one of the main issues that would be permanently linked to the current catastrophic round of violence in Gaza.

UPDATE: August 5, 2014

The Israeli daily Haaretz editorial today, linked below, is still circumspect. Enough details were released, to make a reasonable person conclude that IDF knew that Lieutenant Hadar Goldin was dead already on Friday, in the the immediate aftermath of the incident.

Haaretz Hebrew edition (but not the English one) today carries an opinion piece, calling for the immediate revoking of the Hannibal procedure. Other news reports in recent days record the acceptance of the procedure by the family of the late Lieutenant Hadar Goldin, and by Lieutenant Eitan, the two main figures in the most recent application of the procedure. Both appear to be part of what is generally described as the "religious-national" sector in Israeli politics, and the procedure stands in clear violation of Halachah - Jewish religious law.

In a report in "Israely Hayom" (Sheldon Adelson's propaganda organ for Bibi), IDF's ethics philosopher Asa Kasher finds "IDF complied with all ethics requirements" in Gaza. That, before the facts in the matter are even fully exposed.However, Kasher, who grew in an orthodox family, and who often writes on Jewish matters, fails to address the ethics of the "Hannibal procedure".

In a report in "Israely Hayom" (Sheldon Adelson's propaganda organ for Bibi), IDF's ethics philosopher Asa Kasher finds "IDF complied with all ethics requirements" in Gaza. That, before the facts in the matter are even fully exposed. [1]

However, Kasher, who grew in an orthodox family, and who often writes on Jewish matters, fails to address the ethics of the "Hannibal procedure".

Already in the aftermath of "Cast Lead" operation, Kasher was publicized as providing the exemption for IDF to ignore the directives of the Geneva Conventions, relative to treatment of civilians during war. [2]

Regarding social protest, Kasher is explicit as well, he advocates total disregard of social protest... [3]

The Wikipedia item on Kasher (which most likely was approved by Kasher) notes that in writing on Jewish and ethics matters, he is heavily influenced by Prof Yeshayahu Leibowitz.

11-12-10 Where should Occupy go next? Civil Disobedience in the footsteps of Thoreau and Gandhi!http:// www.scribd.com/doc/75348301/12-06-08 Courts and Judges as racketeering enterprises under RICO (the Racketeer Influenced and Corrupt Organizations Act) - key element in the current financial crisishttp://www.scribd.com/doc/96504009/Secede! The US in its current form is simply unmanageable...

What did the experts say?

* דוח סייג לזכויות האדם נכלל בדוח התקופתי של האו"ם לגבי זכויות האדם בישראל (2013), בלוויית ההערה: "חוסר יושרה בכתבים האלקטרוניים של בית המשפט העליון, בתי המשפט המחוזיים, ובתי הדין למוחזקי משמורת בישראל".* The Human Rights Alert (NGO) submission to the Human Rights Council of the United Nations was incorporated into the 2010 Periodic Review Report regarding Humnan Rights in the United States, with the note: "corruption of the courts and the legal profession and discrimination by law enforcement in California".* The Human Rights Alert (NGO) submission to the Human Rights Council of the United Nations was incorporated into the 2013 Periodic Review Report regarding Humnan Rights in Israel, with the note: "lack of integrity of the electronic records of the Supreme Court, the district courts and the detainees courts in Israel."

The United States

* "...it's difficult to find a fraud of this size on the U.S. court system in U.S. history... where you have literally tens of thousands of fraudulent documents filed in tens of thousands of cases." Raymond Brescia, a visiting professor at Yale Law School

* Los Angeles County is"the epicenter of the epidemic of real estate and mortgage fraud."FBI (2004)

* “…judges tried and sentenced a staggering number of people for crimes they did not commit."Prof David Burcham, Loyola Law School, LA (2000)

* “This is conduct associated with the most repressive dictators and police states… and judges must share responsibility when innocent people are convicted.”Prof Erwin Chemerinksy, Irvine Law School (2000)

http://www.scribd.com/doc/239647129/The HRA submission was incorporated into the 2015 HRC Professional Staff Report on the United States with the note: :“HRA NGO recommended restoring the integrity of the IT systems of the courts, under accountability to the Congress, with the goal of making such systems as transparent as possible to the public at large.”

[2] Human Rights Alert (NGO) submission for the 2013 UPR of the State of Israel was incorporated into the UN Human Rights Council Professional Staff Report with the note: "Lack of integrity in the electronic record systems of the Supreme Court, the district courts and the detainees' courts in Israel".

2012-06-04 Human Right Alert's Submission; 2013 UPR of the State of Israel: Integrity, or lack thereof, of the

[3] Human Rights Alert (NGO) submission for the 2010 UPR of the United States was incorporated into the UN Human Rights Council Professional Staff Report with the note: "Corruption of the courts and the legal profession and discrimination by law enforcement in California."

2010-04-19 Human Rights Alert (NGO) submission to the United Nations Human Rights Council for the

2010 Review (UPR) of Human Rights in the United States as incorporated into the UPR staff report:

[1] 10-10-01 United Nations Human Rights Council Records for 2010 Review (UPR) of Human Rights in the United States, where Human Rights Alert (NGO) submission was incorporated with a note referring to "corruption of the courts and the legal profession and discrimination by law enforcement in California."http://www.scribd.com/doc/38566837/http://www.scribd.com/doc/108663259/